Dispute intent to vacate

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Mom3x2000

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I have lived in this rental for over 6 years. My husband joined the lease in 2004 and then in 2007 he started working here as maintenance. Our lease ended Jan 31, 2009 and became a month-to-month. He was fired in June and he signed a notice of intent to vacate and we have also separated. The manager is saying the kids and I have to move also and is refusing to let us stay. Myself nor my 18 yr old daughter signed the intent to vacate, but we both signed the "recertification" paperwork and I am also listed on the lease/rental agreement.
Do I legally have to move or do I have a legal right to stay since I did not sign the vacate notice and he has moved out?
 
What state did this take place in?

In most states, a month to month tenancy only requires a 30 day notice by either party to terminate the lease (in my state of Georgia the landlord must give a 60 day notice).

No reason for the termination need be provided.

What is this "recertification" paperwork that you signed?

Gail
 
I live in Oregon.. my husband signed the intent to vacate, I did not.

We live in a Section 42 (federally subsidized) housing community. We must recertify every year after the initial income qualifications when moving in.
 
We live in Oregon.

She did not serve me a notice to move. The only thing given was a notice of intent to vacate signed by my husband, who has moved.
 
The recertification is for Section 42 (federally subsidized) housing. We have to sign every year after the initial income certification when moving in.
 
ok, but she hasn't given me a notice to move. What I need to know is this: if I didn't sign the notice to vacate, do I have a legal right to stay unless she gives me a notice?

Do I have to move by the date he put in his notice if I did not sign it or am I still considered as having a month-to-month residency if I didn't sign the form?
 
"ok, but she hasn't given me a notice to move. What I need to know is this: if I didn't sign the notice to vacate, do I have a legal right to stay unless she gives me a notice?"

Was the notice to terminate the month to month tenancy addressed only to your husband or to the entire family?


Gail
 
This is what it says:

To: (landlord's name)
You are hereby informed and notified that the undersigned residents of apt (number) will vacate said premises on or before July 16, 2009 and you may rent said premises and show the same for sale or rental at all reasonable times from this date forward.

then his name is written in
and he signed it.

then there is an itemized list of what needs to be cleaned

When you have completely vacated your apartment, cleaned your locker and storage areas, notified utility companies, returned your keys, left forwarding address with Post Office and the Business Manager, your cleaning or security deposit will be mailed to you shortly thereafter, provided the apartment meets the standards of condition as set forth by the Business Manager. The condition of the apartment at time of vacating shall be inspected by the Business Manager, who has the final authority t determine how much of the cleaning and security deposit shall be refunded in accordance with the conditions set forth in the Rental Agreement or Lease.

then it is signed by the manager.
 
this is what the notice of intention to vacate says:

To: (landlord's name)
You are hereby informed and notified that the undersigned residents of apt (number) will vacate said premises on or before July 16, 2009 and you may rent said premises and show the same for sale or rental at all reasonable times from this date forward.

then his name is written in
and he signed it.

then there is an itemized list of what needs to be cleaned

When you have completely vacated your apartment, cleaned your locker and storage areas, notified utility companies, returned your keys, left forwarding address with Post Office and the Business Manager, your cleaning or security deposit will be mailed to you shortly thereafter, provided the apartment meets the standards of condition as set forth by the Business Manager. The condition of the apartment at time of vacating shall be inspected by the Business Manager, who has the final authority t determine how much of the cleaning and security deposit shall be refunded in accordance with the conditions set forth in the Rental Agreement or Lease.

then it is signed by the manager.
 
this is not letting me post... it says it is duplicate of what I posted, but it is not showing up! really frustrating...

This is what it says:

To: (landlord's name)
You are hereby informed and notified that the undersigned residents of apt (number) will vacate said premises on or before July 16, 2009 and you may rent said premises and show the same for sale or rental at all reasonable times from this date forward.

then his name is written in
and he signed it.

then there is an itemized list of what needs to be cleaned

When you have completely vacated your apartment, cleaned your locker and storage areas, notified utility companies, returned your keys, left forwarding address with Post Office and the Business Manager, your cleaning or security deposit will be mailed to you shortly thereafter, provided the apartment meets the standards of condition as set forth by the Business Manager. The condition of the apartment at time of vacating shall be inspected by the Business Manager, who has the final authority t determine how much of the cleaning and security deposit shall be refunded in accordance with the conditions set forth in the Rental Agreement or Lease.

then it is signed by the manager.
 
this is not letting me post... it says it is duplicate of what I posted, but it is not showing up! really frustrating...

This is what it says:

To: (landlord's name)
You are hereby informed and notified that the undersigned residents of apt (number) will vacate said premises on or before July 16, 2009 and you may rent said premises and show the same for sale or rental at all reasonable times from this date forward.

then his name is written in
and he signed it.
 
then there is an itemized list of what needs to be cleaned

When you have completely vacated your apartment, cleaned your locker and storage areas, notified utility companies, returned your keys, left forwarding address with Post Office and the Business Manager, your cleaning or security deposit will be mailed to you shortly thereafter, provided the apartment meets the standards of condition as set forth by the Business Manager. The condition of the apartment at time of vacating shall be inspected by the Business Manager, who has the final authority t determine how much of the cleaning and security deposit shall be refunded in accordance with the conditions set forth in the Rental Agreement or Lease.

then it is signed by the manager.
 
Since the notice specifically addresses "the undersigned residents" and his name was the only one listed, you could certainly argue that it was meant only for your husband.

Management may then send you a 30 day notice; however, this will give you a bit more time to find another place to live. Make sure the unit is cleaned well (and provide management with your new address) so you get as much of your security deposit back as possible.

Gail
 
that was what I was thinking and hoping to hear from someone with legal knowledge..
and gives me much relief.

Thank you!
 
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